Intestacy Flashcards
What are 2 scenarios where the statutory method of intestate succession can be used?
- D died without a valid will
- D’s valid will failed to give away all of their property
Who has the highest claim to D’s estate under the intestacy rules?
D’s spouse
By how many days must D’s spouse survive D to be entitled to take under intestacy?
28 days
When is D’s spouse entitled to take all of D’s property under intestacy?
If D left no issue
If D was survived by spouse and issue, how much can the spouse take under intestacy? (3 things)
- All D’s tangible moveable property
- £322,000 (if death occured after July 2023.If before, they take £270,000)
- Half of D’s residue
What can D’s spouse require the PR to give the spouse in partial/total satisfaction of their interest?
The matrimonial home
If D has no spouse when they died, in what order does all the property pass to?
(clue: there’s 7 groups of people)
- Children
- Parents
- Whole blooded siblings
- Half blooded siblings
- Grandparents
- Aunts and uncles
- Half-blood aunts and uncles
If D’s child predeceases them, but is survived by their own issue, what happens to the share that would have gone to D’s child under intestacy?
The issue will take on trust and split the parent’s share per stripes
David had 2 children: Amy and Ben. Ben died before David, but had two of his own children, Cathy and Ewan, both who were alive at David’s death. David was unmarried and left no valid will
Who would receive David’s estate on his death and in what shares?
- Amy - 1/2
- Cathy - 1/4
- Ewan - 1/4
(so Cathy and Ewan would share what would have been Ben’s half equally)
If a gift of the residuary estate lapses (because the Beneficiary predeceased the Testator) and cannot be shared with issues per stripes, how will the residuary estate be dealt with?
It will pass under the rules of intestacy
